CHAPTER 419. ADMINISTRATIVE PENALTY - Texas Statutes

PROPERTY CODE

TITLE 16. TEXAS RESIDENTIAL CONSTRUCTION COMMISSION ACT

SUBTITLE C. BUILDER REGISTRATION

CHAPTER 419. ADMINISTRATIVE PENALTY

Sec. 419.001. IMPOSITION OF ADMINISTRATIVE PENALTY. The

commission may impose an administrative penalty on a person who

violates this title or a rule adopted or order issued by the

commission under this title.

Added by Acts 2003, 78th Leg., ch. 458, Sec. 1.01, eff. Sept. 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

843, Sec. 28, eff. September 1, 2007.

Sec. 419.002. AMOUNT OF PENALTY. (a) Except as provided by

Subsection (c), an administrative penalty imposed under this

chapter may not exceed $10,000 for each violation.

(b) In determining the amount of an administrative penalty, the

hearings officer or commission shall consider:

(1) the seriousness of the violation, including the nature,

circumstances, extent, and gravity of the prohibited acts;

(2) the history of previous violations;

(3) the amount necessary to deter a future violation;

(4) efforts to correct the violation; and

(5) any other matter justice may require.

(c) A violation of Section 418.001(2) or (12) is punishable by a

penalty not to exceed $100,000.

Added by Acts 2003, 78th Leg., ch. 458, Sec. 1.01, eff. Sept. 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

843, Sec. 29, eff. September 1, 2007.

Sec. 419.003. PAYMENT OF PENALTY. The commission shall specify

in an order imposing an administrative penalty under this chapter

a date on or before the 30th day after the date the order becomes

final and unappealable by which the person against whom the

penalty is imposed must pay the penalty.

Added by Acts 2003, 78th Leg., ch. 458, Sec. 1.01, eff. Sept. 1,

2003.

Sec. 419.004. ENFORCEMENT OF PENALTY. If a person does not pay

an administrative penalty imposed under this chapter and

enforcement of the penalty is not stayed, the commission may:

(1) refer the matter to the attorney general for collection of

the penalty; or

(2) enforce any part of the order that specifies disciplinary

action to be taken against the registered or certified person if

the registered or certified person fails to pay the

administrative penalty within the time prescribed.

Added by Acts 2003, 78th Leg., ch. 458, Sec. 1.01, eff. Sept. 1,

2003.